TERMS AND CONDITIONS
‘Us’ means Concrete Southern Ltd or any subsidiary, parent or affiliated company.
‘Customers’ means the person or persons that placed an order for, or received goods, or otherwise dealt with, agreed upon or contracted with Concrete Southern Ltd or any subsidiary, parent or affiliated company.
‘Services’ shall mean the delivery, collection or transfer of skips, containers, waste or other aggregate or bulk material as set per our delivery note or otherwise.
‘Goods’ shall mean aggregate materials, ready mixed concrete, containers, skips or other bulk goods or storage vessel as provided for on our delivery note or otherwise.
‘Permitted waste’ shall mean any goods from time to time that are generally permitted to be disposed of at landfill or by way of recycling and shall specifically exclude items including but not limited to toxic waste, contaminated materials, fridges, tyres, asbestos, gas bottles, munitions, dangerous items and batteries.
- Customers warrant that only permitted waste shall be loaded or placed in any skips, containers or storage united provided by us in the performance of services. The customers agree to pay any reasonable additional charged levied by us in respect of any such items which are not permitted waste which are found upon collection of the aforesaid skips, containers or other storage units.
- Customers warrant that with respect to all goods ordered which are to be placed other than on private property, the permission of the relevant highway authority has been duly obtained under section 32 of the highways act 1971 and pursuant to any other relevant legalisation or bylaw which may apply, and customers undertake that they will ensure that all the conditions subject to which the aforesaid permissions are granted shall be observed at all times and in particular will secure that the container will be properly lighted during the hours of darkness.
- In addition to customers undertaking to observe at all times the conditions subject to which the permission of the relevant highway authority is granted as aforesaid (including in particular the provisions of lamps and traffic cones) if containers are sited anywhere else where they are likely to become a contributory cause of damage or injury to third parties during the hours of darkness, customers shall provide adequate warning lights on the containers and they shall also ensure the safe loading of material into the containers.
- Customers acknowledge that cement and concrete can cause irritation and burns to the skin and eyes if direct contact is made or clothing allowed to saturate and agree to ensure that protective clothing and safety goggles are available and used at all times at their own expense.
- Customers shall reimburse and indemnify us in full in respect of any liabilities, cost, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal and other reasonable professional costs and expenses) suffered or incurred by us arising out of or in connection with :
- Any items not considered by us to be permitted waste being placed, found, stored or otherwise present in any goods on hire to them.
- Requesting or ordering vehicles delivering or collecting goods in the provision of the services or otherwise to leave the public highway either damage to the vehicles themselves or the property of the customers or third parties;
- Any loss or damage to any goods whilst on hire to them from whatsoever cause the same may arise (fair wear and tear expected) ;
- Any claims for injury to persons or property arising out of the use of the goods, the provision if services or any circumstances which may lead to a third party making a claim against us in respect of injuries howsoever the same be caused or arise ;
- Any claim made against us by a third party arising out of or in connection with the provision of the services or the supply of the goods, to the extent that such claim arises out of the breach, negligent performance or failure or delay in performance of this agreement by customers, its employees, agents or subcontractors;
- Any claim made against us by a third party for death, personal injury or damage to property arising out of or in connection with defective goods, to the extent that the defect in goods is attribute t the acts or omissions of customers, its employees, agents or subcontractors ;
- Any customers or third parties suffering injury or irritation as a result of coming into contact with cement or concrete or and other goods supplied by us as a direct result of their own negligent actions or arising from them failing to take suitable safety precautions as set out herein
